Condition of Contract
The participant acknowledges s/he has read and agrees to the terms and conditions of service set out herein prior to registering as a participant in the activity.
Take Shape Health & Fitness Pty Ltd trading as’Take Shape Adventures’ (hereby referred to as TSA) reserves the right to cancel sessions, events or activity at any given time including cancellations on the day of your activity. If we choose to cancel a session, event or activity this is generally due to, but not limited not reaching minimum numbers or due to detrimental weather. (Severe winds/Hail/Torrential rain/Severe fire danger). You will be able to re-book your session, events or activity at no additional charge. Refunds will not be given however vouchers will be issued if you are unable to rebook. You are not entitled to claim any form of compensation from TSA if your session is cancelled, this includes but not limited to Accommodation expenses/ Flights/ Fuel or additional travel expenses incurred.
We will notify you as soon as we have to cancel or postpone a session. We will do our best to accommodate you on another session/day or a different activity.
TSA staff are qualified in first aid, insured for public liability and undergo an appropriate traineeship program with TSA to ensure that they are appropriately skilled for the sessions, events or activity.
The participant further acknowledges and agrees that due to the nature of the activity, it would be unreasonable for the supplier to be in any way responsible for any injury to or death of the participant and the participant hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases the supplier for loss, damages, injury or death howsoever arising out of or in relation to the participation by the participant in the activities conducted or organised by the supplier.
The participant further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity. This waiver shall bind the participant and his or her executors.
The participant has read and understands this waiver of the participant’s legal rights.
Health and Fitness
Take Shape Adventures (TSA) has the right to exclude any person from participating in our activities. If the activity leader concludes the participant does not meet the minimum requirements to safely participate in the chosen activity. Participants must be in good health and have a suitable level of fitness for their chosen activity, and not be under the influence of alcohol or drugs. Failure to disclose information about any illness, physical limitations or injuries exempts TSA from any liability. IT IS YOUR DUTY TO INFORM THE TRIP LEADER PRIOR TO THE ACTIVITY COMMENCING.
At the time of signing on for an activity you confirm that:
- you have general good health
- you have an appropriate level of fitness and wellbeing for the event you elect to undertake
By agreeing to these Terms and Conditions, you have disclosed to TSA all medical conditions, medications, allergies, intolerances, food requirements or injuries that may affect your ability to undertake activities with TSA, and that you know of no medical or other reason (other than as disclosed by you) why you cannot do active exercise. You further acknowledge that you have not been given advice from a medical professional that would be contravened by your attendance at a TSA event.
Provision of Food
TSA prepares and provides participants all meals for the duration of its events. Although all due care is taken by TSA staff to ensure traces of nuts, egg, dairy, gluten and other know allergens are contained, and the serious implications of reactions to allergens is acknowledged, TSA will not accept responsibility or liability for an adverse reaction to any food provided. All our food management is conducted to the best of our ability and to current standards, however in attending an event, participants agree that food either prepared or served in the field may not meet all hygiene standards.
All payments are made to Take Shape Health & Fitness PTY LTD trading as Take Shape Adventures (TSA) and are processed in Australian dollars ($AU) via our online booking system (CVENT). We accept Visa/Mastercard, or direct deposit to our account upon request in special circumstances. Failure to make a full or partial payments at our request may result in your booking being cancelled.
All payments are inclusive of GST.
When purchasing from Take Shape Adventures, all card details are transmitted through a secure server using Paypal Pro. No card data is held by Take Shape Adventures after processing.
100% payment is required upon booking for all single day events.
Multi-day activities require a deposit to secure a booking however the balance must be paid 30 days prior to the activity commencing.
Exclusion from the price
Prices quoted are inclusive of GST and are for the event and said inclusions only. The following items are excluded from the trip price including Personal Insurance, transport to and from the event site or start location, and additional activities unless stated as inclusive at time of booking.
Cancellations and Refunds
If you cancel your booking prior to the scheduled event, you may be eligible to the following refunds:
- More than 60 days prior to your event start date, you will be refunded any amounts paid less a 20% administration fee.
- Between 60 and 30 days prior to your event start date, you will be refunded 50% of the event price.
- Less than 30 days prior to your event start date, 100% of the event price will be forfeited.
If you fail to attend an event on the day for any reason, all monies/vouchers will be forfeited and you will not be entitled to any form of credit or compensation.
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, Facebook Page, Tweets, place an order, fill out a form, or subscribe to the newsletter. Users may be asked for, as appropriate, name, email address, mailing address, phone number.
We do not share this information with outside parties except to the extent necessary to provide the immediate service being offered. If the User decides to opt-in to our mailing list, they will receive emails that may include news, updates, related product or service information, sales and marketing information etc. The User can unsubscribe from receiving future communication at any time by contacting TSA.
Hire or Loan Equipment
These conditions govern the rental and/or loan of any equipment, clothing or goods whatsoever (“Equipment”) by the Participant from Take Shape Adventures.
The Participant acknowledges and agrees that no representations have been made by TSA in relation to the suitability of the Equipment for the Customer’s purposes.
The Participant shall ensure that they, and anyone else who may use the Equipment, uses it safely, and as per the manufacturer’s instructions and with the necessary care, skill and diligence required to use the Equipment.
If the Equipment is lost, stolen or damaged (which TSA shall determine in its sole discretion) then the Customer shall pay any replacement or repair costs determined by TSA.
All TSA activities have a minimum age limit of 12 years old or over to participate. This is due to the skills, coordination, and endurance required to undertake these activities. Any persons under the age of 18 MUST be accompanied by a responsible adult and a waiver form must be signed by that person.
TSA reserves the right to cancel an activity due to heavy rain, poor visibility, lightning or strong winds. Activities are only cancelled if conditions are unsafe, or by mutual consent of both the activity leader and the Participant. Activities are not cancelled due to cold weather, hot weather, light rain or light winds, unless these are still to the specific detriment of that activity.
TSA puts safety first and reserves the right to suspend or cancel the membership of any member whose conduct has the potential to cause injury or harm to the public, staff of TSA or other clients.
TSA may, at its discretion, suspend or cancel your involvement in an activity if you:
- breach these Terms and Conditions
- behave in a way that is a risk to you or others
- behave in a way that is inappropriate or offensive or in breach of the law
- use illegal or performance enhancing drugs when undertaking activities
The Participant agrees to provide sole responsibility for the security and safety of the participant’s own equipment and other personal belongings during the activity and related activities.
The participant agrees that he or she has received advice that it is highly recommended that he or she obtain personal accident insurance and an ambulance subscription to cover any accident or injury or other risk incurred during participation in the event.
Transfer of place
You can transfer payment of an activity to another person at the sole discretion of TSA.
Feedback and complaints
Your feedback is welcome and important in helping us to resolve our clients concerns with all aspects of TSA and the services and activities it provides.
If you have any constructive feedback or a complaint we encourage you to inform us by email or by calling us during our normal business hours. TSA will use its best endeavours to respond to your feedback promptly or, in any event, within 3 days of receiving your feedback or complaint.
If you have any questions about these Terms & Conditions, our practices, pricing and payments, or any other dealings with our staff, please contact us at:
Take Shape Adventures
PO Box 5005
0400 307 130